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Sibling in house - how to stop before it starts

35 replies

thisoldchestnutyetagain · 20/08/2024 08:28

Hope someone can advise on what could quickly become a difficult situation. This is all new and raw, have removed emotion and gone with facts best I can, and put only what I think is relevant information.

My mum died about five years ago. She left everything she had to my dad. He continued to live in their house (his name, mortgage free), joined quickly by my brother, who was pt working and eventually pt caring for our dad.

A few weeks ago, when dad became ill, DB and I went through finances in a moment of organisation. DF paid ALL house bills, paid for all house repairs, gave my brother a car. DB paid for food, petrol and some items like Netflix.

DF died on Saturday.

DB and I yesterday started on all the admin and he suddenly said a number of things: he would not move from the house in his lifetime, he could stay there and I could sell it when he dies (I’m older than him!) and also said he could try to buy me out. He’s in shock, as those are all quite different thoughts.

The will (we are the executors), says total estate is divided equally.

If he could stay here AND fulfil DF’s wishes that would be perfect.

The property is approx £700k (tbc) with monthly running costs of around £1.5k, of which DF was contributing £800, and DB would now suddenly have to find the extra.

DB is 50, pt worker, never had a mortgage, no savings, no pension, earns approx £15k a year. He would get approx £60k in cash from dad's savings. He would work more now DF has died. I also worry there is a possibility of inheritance tax.

Is there any possibility he could get a mortgage, finance the house, and I receive my half?

If we are in ‘have to sell’ territory, how on earth do I smooth this over with him before it even starts to gets difficult? I am happy for him to remain in the house while he finds his feet, but again, worry that will make it harder to leave again.

Thank you for reading, any more detail required, please ask. We see the solicitor on Friday morning, hence the slightly frantic request for options.

OP posts:
Tel12 · 20/08/2024 10:12

A married couple can accumulate a million pounds without having to pay inheritance tax. You need legal advice but you need to make it clear to your brother that the house will need to be sold in due course.

UltramarineViolet · 20/08/2024 10:18

Realistically your DB is highly unlikely to be able to buy out your 50% share in thd house

I would just focus on reassuring him that there is no rush to finalise everything but offer your support in helping him find a smaller, easier to manage property when the time comes to sell

There should be plenty money for him to buy a nice house or flat to live in and be mortgage free with his 50% of the inheritance

OnGoldenPond · 20/08/2024 18:18

veritasverity · 20/08/2024 09:46

Firstly, I'm very sorry for your loss Flowers.
Next you'll need to find money to pay for the inheritance tax.
If the estate is worth 820k, you'll be liable to pay 40% tax on £495,000 (approximate figures) (this is based on you being in England, where the current duties on an estate kick in after £325,000.
I can't remember how much time is given to raise the funds for tax, you'll need to check, but your solicitor should be able to tell you.
Whilst I can understand why your brother wants to stay in the family home, I think sadly realistically he's not in a position too, as after tax you'd both receive £315,000 (approximate figure). Your brother would need to find the £315,000 to give to you, and the tax due. (My calculations are very rough, but in his current position I don't see how he could raise the monies needed).

If the mother left everything to the father on her death won't her unused allowance of £325k be available to set against the second death? That, plus the £500k allowance of the DF as he is passing his house to his children, gives a tax free allowance of £825k. So little or no inheritance tax payable. Happy to be corrected as haven't done these calculations for a while.

Mindymomo · 20/08/2024 18:33

Sorry for your loss. Same happened when my Dad died, we spoke to him before he died and he said he would want my brother to live in the house 1 year, before selling and splitting money 3 ways, with my other brother. His cash was split 3 ways as soon as we got Probate. My brother wanted to stay in the house so paid my brother his third, but asked if he could pay me half and then so much each year for 5 years, which is what we did. Solicitor said I should charge him interest, but I was happy just to get my share. Fast forward 11 years, my brother is retired and virtually has no savings and lives off pension. The house is still 50/50 between us on the deeds, again what Solicitor said to do, until he paid me, but we are keeping it the same, as my other brother died. Looking back we should have sold the house, with a clean split, as this is what my Dad wanted.

Sandwichgen · 20/08/2024 18:59

I’d arrange some viewings on modern one bed flats with central heating and a shower if I were you, and steer him rpund. He might see the light

unsync · 20/08/2024 19:07

I'm sorry you have lost your father.

Regarding IHT, was your mothers nil rate band transferred? This is something your solicitor will know and it will increase the allowance.

If your brother is going to stay in the house, he needs to be paying you rent for your half. Until probate is settled though, the Estate is supposed to cover all outgoings, bills, council tax etc. Personally, I believe the best route is to sell everything and split the proceeds.

You don't need to make any decisions now however. Make sure you take notes at the solicitor's though.

Clocloxx · 20/08/2024 19:18

Cannot offer advice but just want to follow as in similar situation kinda! Partner and his sister made executors of there mothers house after she passed, immediately the sister moved in when my partner wanted to sell, said she will sell in 6 months then a year then it will be next year now she's just had a baby so all talk of selling has stopped, my partner hasn't got the courage to speak up against her, our rental agreement is up next year, the houses is also worth 700k which would be a huge relief as we could put towards getting our own home as we have a young daughter and another one on the way! Sister in law is totally selfish so I'm just following for advice on this thread!
Very sorry to hear about your father x

HelloMyNameIsElderSmurf · 20/08/2024 19:25

Call the solicitor before the meeting and explain your brother is a bit muddled through grief and ask him to be very clear about wishes/what that means.

You also have to, from now, bat back any suggestion that you wait until he dies to get your share. That's outrageous. I don't think you need to be getting the big guns out right now as things are clearly so raw, but 'no DB, of course I can't wait until you die. That's not what dad wanted and it's not what I want either' should be enough. At no point go along with this idea, no matter how upset or sad he or anyone else is.

YesThatsATurdOnTheRug · 20/08/2024 19:31

Clocloxx · 20/08/2024 19:18

Cannot offer advice but just want to follow as in similar situation kinda! Partner and his sister made executors of there mothers house after she passed, immediately the sister moved in when my partner wanted to sell, said she will sell in 6 months then a year then it will be next year now she's just had a baby so all talk of selling has stopped, my partner hasn't got the courage to speak up against her, our rental agreement is up next year, the houses is also worth 700k which would be a huge relief as we could put towards getting our own home as we have a young daughter and another one on the way! Sister in law is totally selfish so I'm just following for advice on this thread!
Very sorry to hear about your father x

Your DH really really needs put on his big boy pants at this stage and just face up to it. She has absolutely no right to do what she's doing. If your rental is ending just tell her you're moving in too, as it's a shared asset!

HornyHornersPinkyWinky · 20/08/2024 19:41

Clocloxx · 20/08/2024 19:18

Cannot offer advice but just want to follow as in similar situation kinda! Partner and his sister made executors of there mothers house after she passed, immediately the sister moved in when my partner wanted to sell, said she will sell in 6 months then a year then it will be next year now she's just had a baby so all talk of selling has stopped, my partner hasn't got the courage to speak up against her, our rental agreement is up next year, the houses is also worth 700k which would be a huge relief as we could put towards getting our own home as we have a young daughter and another one on the way! Sister in law is totally selfish so I'm just following for advice on this thread!
Very sorry to hear about your father x

I'm sorry but this is awful - you, your partner and kids should move in with her. Hopefully then she will get the message that the house is not hers.

OP I'm sorry but it's not uncommon for one sibling to throw a wobbly and decide they are just going to keep the house for themselves. Realistically, if he decides to do that it could be a long expensive road. His share of the house would probably get him a lovely modern apartment to live comfortably in. Of course wait a while, until after the funeral etc. but don't let it go on too long or he may just stay put.

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